
Supreme Court Decision Syllabus (SCOTUS Podcast)
Following what the Supreme Court is actually doing can be daunting. Reporting on the subject is often only done within the context of political narratives of the day -- and following the Court's decisions and reading every new case can be a non-starter. The purpose of this Podcast is to make it as easy as possible for members of the public to source information about what is happening at the Supreme Court. For that reason, we read every Opinion Syllabus without any commentary whatsoever. Further, there are no advertisements or sponsors. We call it "information sourcing," and we hope that the podcast is a useful resource for members of the public who want to understand the legal issues of the day, prospective law students who want to get to know legal language and understand good legal writing, and attorneys who can use the podcast to be better advocates for their clients.
*Note this podcast is for informational and educational purposes only.
Supreme Court Decision Syllabus (SCOTUS Podcast)
Hungary v. Simon
In Republic of Hungary v. Simon, the Supreme Court held the mere allegation of commingling funds doesn't satisfy the commercial nexus requirement under the Foreign Sovereign Immunities Act (FSIA)’s expropriation exception. Holocaust survivors sued Hungary and its national railway, seeking damages for property seized during World War II, arguing that Hungary liquidated the property, commingled the proceeds with government funds, and later used some of those funds in U.S. commercial activities.
The Court ruled that the FSIA requires plaintiffs to plausibly trace specific expropriated property or its direct proceeds to commercial activity in the United States. A broad commingling theory, doesn't meet this standard. The Court vacated the D.C. Circuit’s ruling and remanded the case for further proceedings. Justice Sotomayor writing for a unanimous Court.
Read by Jeff Barnum.